MILLER v. UNITED STATES

No. 4536.

19 F.2d 702 (1927)

MILLER v. UNITED STATES.

Court of Appeals of District of Columbia.

Decided May 2, 1927.


Attorney(s) appearing for the Case

M. Strasburger and B. Emerson, both of Washington, D. C., for appellant.

Peyton Gordon, J. W. Fihelly, and R. Neudecker, all of Washington, D. C., for the United States.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.


ROBB, Associate Justice.

The appellant, Benjamin Miller, hereinafter referred to as the defendant, was convicted in the Supreme Court of the District of Columbia of an assault on his daughter, a child of 13 years, with intent carnally to know her, and sentenced to the penitentiary for 10 years.

In his opening statement to the jury the district attorney directed attention to the character of the charge in the indictment and to the allegation that the assault...

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